Friday, June 17, 2011

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gc28262

06-10 01:01 PM

svr_76, Your arguments are baseless. No company will ever hire an H1B to replace an equally qualified Citizen/Green card holder. Company has to spend a lot on H1B employees on lawyer fees and other complications.

Anti-immigrant lawmakers are using the excuse of economy to push through their legislations.

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vine93

10-22 06:54 PM

I also faxed it today.

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logiclife

12-20 05:50 PM

If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.

If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.

Relax !

Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.

Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.

Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?

I apologize for being rude earlier to Senthil. That was perhaps out of line. What annoys me is the misconception many have regarding hiring a non-American, and what annoys me further is the fact that many H1Bs fall for the same facile arguments made by you-know-who. Fact is, if we define displacement as "not hiring", then ANY hiring is, by definition, a displacement of one who is not hired. For example: Say Jane is hired for X dollars per year, because John, who is equally qualified is not interested in working at that salary. Can John claim he was displaced by someone willing to work at a lower salary? Of course he can. But here is the deal: No matter how high you peg $ X (Say 120K), or how unique Jane is (Say Jane is the only person the company could find). Now keep increasing X, and at some point a John will walk in through the door since the money is good. Bottom line? You may think you are not displacing anyone, but you ARE unless you are the only person on the planet who can do that job. For every Jane, one can find a disgruntled John. It makes not one jot of difference if you are American or Ethiopian. The Jane/John example I gave stands regardless.

In that case, employers should mention the following in the offer letter

" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not. Can these companies do this????

Let me tell you my story

I worked for a mid sized consulting company (not to be mistaken for desi contracting) and GC was filed in March 2004 (it was EB3 labor). I was in my 6th year of h1b in 2005 when this company got bought over and unfortunately I lost job in the 6th year of h1b with only 11 months of h1b left. At that time I was newly married and with no bank balance. Then I looked for a new job, managed to get a nice long term contract job in a month and got h1 transferred to a decent consulting company who applied for my 6th and 7th year of h1b using the labor already filed in the company I was layed off. When in my 6th year my new PERM got approved with this employer and 140 also approved and based on that I got 8th, 9th, 10th year h1b extensions. I managed to file for 485 in July fiasco and then after an year, I left the employer and started using EAD. That employer revoked my i 140 because I left them and then I had to deal with all the AC21 stuff and my journey still continues. Things were not easy, I had to maintain excellent billing rate, in one ocassion the client filed for chapter 11 and did not make payments to my employer and this strained my employer's finances and I had to make it up with a better billing rate with next client to keep my GC process intact and being consinuously employed on high billing contract jobs is also challenging.

The diference between your situation and mine is - you are left with a choice and a decision to make, whereas me, I felt like was taken to a top of cliff and thrown from there.

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crazyghoda

01-30 02:15 PM

Wow! Thanks a lot for posting such detailed RFE information. This really helps a lot in understanding what I may be asked.

My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.

Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.

Hi had an RFE when my dates were not current. Here is the scan of my RFE notice. Hope the scan helps you prepare in advance the necessary documentation.

I had discussed this in the following thread: http://immigrationvoice.org/forum/showthread.php?p=296497#post296497

My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).

Overall, the turnout was good. And the audience was very involved. The thing that impressed me the most was the resolve I saw in the Congressman.

The Congressman's speech also covered both family and employment based immigration issues and this, in my opinion, justifies the association of the term "Comprehensive" with the STRIVE bill. This bill, being comprehensive in nature, deserves broad-based support. I am sure we all can do our part to ensure that this happens.

Me and 10 of my friends at work have sent the email. My wife and the wife's of friends have sent too.

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bigboy007

06-11 12:36 PM

Don’t think you understand so let me give it a shot. Let’s be smart, think for ourselves and act on our own behalf to send simple message requesting the Senate offices to oppose this amendment. What is so complicated about this? And if you don't want to participate, that's fine, but why would you discourage others from sending a simple message to the Senators from their state? Don't you have anything better to do? Great explanation , Thank you for posting.

I attended the meeting and was there until 6:30 pm - The latinos were present in full strength, and some were distributing handouts to oppose the STRIVE bill. The banners put up by illegal immigrants were more prominent than the lone banner which one of our members had brought. One banner was for the bill and another against the bill. Our members asked a few questions, but the majority were posed from the illegal immigrant community and was about raids, deportation, family etc. Regardless, Title V is what matters to us and if the bill passes, Title V passes so we must support the bill as this is the only bill other than SKIL which addresses issues facing legal immigrants. In case the bill runs into a roadblock I hope the congressman can take Title V out of the bill and introduce a new bill for legal immigrants.

The Congressman also said he has the support of 180 democrats in the House and it takes 218 members to get the bill passed. He requested us to call local republican congressmen/women & get their support for the bill.

Note that this bill also allows u to file ead/485 even if a visa number is not available by paying an extra $500.

Check this link for the title 5 text http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.1645

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abd

09-21 01:59 PM

May be approval is few hours away for you.

I hope approval and not denial or other RFE. My RFE is posted on 1st page of this thread and it took lot of documents. so hopefully we will hear good news...

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uma001

07-29 04:19 PM

Never been in a dire situation??

August 10th 2010 it will be 15 years in this country (Masters 95), so been there done and seen that, so stop cribbing and stop being a cry baby

poor sod! ???? No Comment :-)

15 years is too long. Khudos to you

I am not crying buddy, Just letting others know how they treat.You might have known about this already since you experienced it. Anyway, now I knew that there are more sad pasts here than mine.

FYI this is not my first H1, this is my second H1.Total 12 years since I landed in US for first time.

Kodi

05-27 11:23 AM

This happened to me in 2006, we went on a road trip from NY to Texas and wanted to visit the mexican border. On our way back they were stopping every vehical. We were on H1 visa at the time and he only checked our IDs and let us go. He was quite nice. I guess they were only looking for mexicans, we said we're from New York and our vehical plates said NY and he didn't ask any other questions.

On the other hand, I know some people who over stayed and they fly within US all the time. They don't have ID but they show their passport but was never asked for visa status. Weired I guess. They don't even check the visa in the passport.

abhijitp

09-26 04:11 PM

Check it out

Dear Reader,

Thank you for your interest in FSB. We admit that there was a mischaracterization of the Capitol Hill rally in the story and it was corrected as soon we realized the error.

We have changed the story to correctly identify the mission as a protest of the long delays in securing green cards for highly-skilled workers already in the U.S.